92 Decision Citation: BVA 92-16445
Y92
BOARD OF VETERANS' APPEALS
WASHINGTON, D.C. 20420
DOCKET NO. 91-41 424 ) DATE
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THE ISSUE
Entitlement to service connection for a bilateral hand and
wrist disorder.
REPRESENTATION
Appellant represented by: Disabled American Veterans
WITNESSES AT HEARING ON APPEAL
The veteran and The Honorable Kent Conrad, United States
Senate
ATTORNEY FOR THE BOARD
L. Jennifer Lane, Associate Counsel
INTRODUCTION
The veteran had active service from January 1965 to
September 1968. The matter is currently before the Board of
Veterans' Appeals (Board) on appeal from a May 1990 rating
decision of the Fargo, North Dakota regional office (RO).
The notice of disagreement was received in July 1990, and
the RO issued a statement of the case in July 1990. The
substantive appeal was received in August 1990, and the
appeal was received at the Board in August 1991. A hearing
was held before a member of the Board sitting in Washington,
D.C. in April 1991.
REMAND
Initially, we note that the veteran has presented a
well-grounded claim within the meaning of 38 U.S.C.
§ 5107(a) (1992) as it is not implausible. However, he has
not been afforded a VA examination in connection with that
claim. In order to comply with the Department of Veterans
Affairs' (VA) duty to assist the veteran under 38 U.S.C. §
5107(a), he should be scheduled for a VA orthopedic
examination, and the examiner should be asked to offer an
opinion as to the etiology of any chronic bilateral hand and
wrist disorder.
Also, in a letter dated in May 1989, Bohdan Z. Hordinsky,
M.D., a private physician, related having treated the
veteran for numbness in his hands in May 1972, but the
claims file does not contain the records of that treatment.
The veteran has also reported that he has received treatment
for numbness of the hands and fingers at the Minneapolis VA
Medical Center at Fort Snelling, Minnesota since 1969.
Therefore, prior to examination, the RO should also attempt
to obtain copies of the clinical records regarding the
treatment provided by Dr. Hordinsky and copies of all VA
medical records.
Accordingly, this case is REMANDED by the following action:
1. After obtaining the proper
authorization, the RO should request
copies of all clinical records from
Bohdan Z. Hordinsky, M.D., in Drake,
North Dakota, 58736, dated on or about
May 1972, or which deal with any hand or
wrist disorders.
2. The RO should also obtain copies of
all VA medical records from the
Minneapolis VA Medical Center at Fort
Snelling, Minnesota.
3. Upon completion of the above action,
the veteran should be scheduled for a VA
orthopedic examination, in accordance
with the provisions of the VA Physician's
Guide for Disability Evaluation
Examinations. All necessary tests and
studies should be performed. The
examiner must be afforded an opportunity
to review the claims file prior to
examination and should offer an opinion
as to the etiology of any bilateral hand
and wrist disorder.
When the above development is accomplished, the RO should
review the veteran's claim in light of the additional
evidence. If the determination remains adverse to the
veteran, he and his representative should be furnished a
supplemental statement of the case and afforded a reasonable
opportunity to respond before the case is returned to the
Board for appellate review. The Board intimates no opinion
regarding the merits of this case at this time, and no
further action is required of the veteran until he is
notified.
BOARD OF VETERANS' APPEALS
WASHINGTON, D.C. 20420
FRANCIS F. TALBOT ROBERT D. PHILIPP
WARREN W. RICE, JR.
(CONTINUED ON NEXT PAGE)
Under 38 U.S.C. § 7252 (1992), only a decision of the Board
of Veterans' Appeals is appealable to the United States
Court of Veterans Appeals. This remand is in the nature of
a preliminary order and does not constitute a decision of
the Board on the merits of your appeal.